2011/03/08 City Council Resolution 2011-18RESOLUTION NO. 2011 -18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING CITY MANAGER TO EXECUTE PROGRAM SUPPLEMENT
AGREEMENT NO. 010-N TO ADMINISTERING AGENCY —STATE
AGREEMENT NO. 04-5379R FOR FEDERAL FUNDING FOR THE
COPELAND CREEK BIKE PATH REHABILITATION PROJECT
(Federal Project # RPSTPLE- 5379(018) / City Project #2010 -08)
WHEREAS, the State of California Department of Transportation ( Caltrans) and FHWA
has obligated $70,000 in Federal Transportation Enhancement Activities funds for the
preliminary engineering phase of the Copeland Creek Bike Path Rehabilitation Project;
WHEREAS, Caltrans has provided Program Supplement Agreement No. 010 -N in
accordance with Administering Agency — State Agreement for Federal Aid, 04 -5379R ( "Master
Agreement "), which, upon full execution, enables the City to request and receive Federal -aid
funds for the project; and
WHEREAS, Caltrans has requested a certified enabling resolution identifying the project
receiving funding through Program Supplement Agreement No. 010 -N and the official
authorized to execute the Program Supplement Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Manager is hereby authorized and directed to take all actions to effectuate the
attached Program Supplement Agreement 010 -N for Federal -aid Funding for the Copeland Creek
Bike Path Rehabilitation Project for and on behalf of the City of Rohnert Park, including
execution, if necessary, in accordance with the existing Master Agreement for Federal -Aid
between City and Caltrans, dated July 19, 2007.
DULY AND REGULARLY ADOPTED this 8th day of March, 2011.
ATTEST:
City
CITY OF ROHNERT PARK
LIFOR14 IA
AHANOTU: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE BELFORTE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
PROGRAM SUPPLEMENT NO. N010
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 04 -5379R
Date: January 10, 2011
Location: 04- SON- 0 -RNPK
Project Number: RPSTPLE- 5379(018)
E.A. Number: 04- 074774
Locode: 5379
This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on 07/19/07 and is subject to all the terms and
conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No. approved by the Administering Agency on
(See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages.
PROJECT LOCATION:
Copeland Creek in Rohnert Park
TYPE OF WORK: Pedestrian and Bike Path
Estimated Cost
$140,000.00
LENGTH: 0.0(MILES)
Federal Funds Matching Funds
L220 $61,979.00 LOCAL STATE $8,021.001 OTHER
$70,000.0 j $0.00
CITY OF ROHNERT PARK
By
Title
Date
Attest
STATE OF CALIFORNIA
Department of Transportation
By_ __ _._...__...........__ - --
Chief, Office of Project Implementation
Division of Local Assistance
DateI ......... .... -__...
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer ! !_ _ _ Date .___.._._.......... .......... . _... .....
_ ........ ................. .... _.. ............... .................. _.— -_.._ ............. ..........._.___._____�___
Chapter Statutes Item Year Program _ BC Category Fund Source AMOUNT
__. __._. — -- -- . -
_. _...... - - ..._.. -- -- ._....i_ - -= _..........
_ -_ _ ..._........._...... - - -! -- ... . ............. ........................ _.._. _ ........................ ....- ......
.__.
----._.._ ...... _ ........................... ...... ............................ - -- —
Program Supplement 04- 5379R -N010- ISTEA Page 1 of 4
04- SON- 0 -RNPK
RPSTPLE- 5379(018)
SPECIAL COVENANTS OR REMARKS
01/1012011
1. This PROJECT is programmed to receive Federal Transportation Enhancement Activities
(TEA) fund. The ADMINISTERING AGENCY agrees that any functional or operational
change to a TEA PROJECT, before, during or after PROJECT acquisition and /or
construction, that does not comply with, or is in conflict with, the TEA program
requirements and the original purpose of the project at the time it was programmed may
render the PROJECT ineligible for Federal reimbursement and ADMINISTERING
AGENCY may be required to reimburse STATE the entire amount of TEA funds
contributed to the project or the value of the TEA fund contribution, based upon the fair
market value of the acquisition and /or construction, at the time the conflict and /or non-
compliance is determined, whichever is greater.
2. ADMINISTERING AGENCY agrees that it will only proceed with. work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
3. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16364, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
4. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual,
5. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days of project contract award or with the submittal
of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever
Program Supplement 04- 5379R -N010- ISTEA Page 2 of 4
04- SON- 0 -RNPK
RPSTPLE- 5379(018)
SPECIAL COVENANTS OR REMARKS
is earlier.
01/10/2011
Failure to do so will cause a delay in the State processing invoices for the construction
.phase.
Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures
Manual.
6. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every
six months commencing after the funds are encumbered for each phase by the execution
of this Project Program Supplement Agreement, or by STATE's approval of an applicable
Finance Letter. STATE reserves the right to suspend future authorizations /obligations for
Federal aid projects, or encumberances for State funded projects, as well as to suspend
invoice payments for any on -going or future project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six -month
period.
If no costs have been invoiced for a six -month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
com`pietI n." ai ure o AG o su mi a ina`T 'epor�o
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual
7. The Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal - assisted
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of. DBE commitments and utilization, is a legal .
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
8. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Excluded Parties List System
Program Supplement 04- 5379R -N010- ISTEA Page 3 of 4
04- SON- 0 -RNPK
RPSTPLE- 5379(018)
SPECIAL COVENANTS OR REMARKS
(EPLS).
01110/2011
9. In the event that right of way acquisition for or construction of this project of the initial
federal authorization for preliminary engineering is not started by the close of the tenth
fiscal year following the fiscal year in which the project is authorized, the
ADMINISTERING AGENCY shall repay the Federal Highway Administration through
Caltrans the sum of Federal funds paid under the terms of this agreement.
Program Supplement 04- 5379R -N010- ISTEA Page 4 of 4
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENTAND CERTIFICATION FORM
PSCF (REV. 01/2010)
Claims Audits
3301 "C" Street, Rm 404
Sacramento, CA 95616
FROM:
Department of Transportation.
SUBJECT:
Encumbrance Document
.VENDOR/ LOCAL AGENCY:
City of Rohnert Park
CONTRACT AMOUNT:
$70,000.00
PROCUREMENTTYPE:
Local Assistance
REQUISITION_ NUMBER 1 CONTRACT NUMBER:
RQS -2660 - 040000000735
Page __._ of
PROJECT NUMBER:
0400020772
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